The applicant sought recognition and enforcement in Ontario of a default judgment issued by a United States District Court relating to copyright infringement and contractual breaches arising from the development and sale of software designed to modify an online video game.
The foreign judgment granted damages and a permanent injunction against the respondent for creating and distributing software that altered gameplay and interfered with contractual relationships governed by an end user licence agreement.
The court applied the Supreme Court of Canada’s framework for recognition and enforcement of foreign judgments, including the real and substantial connection test and the availability of defences such as fraud, breach of natural justice, or public policy.
The court held that the respondent had consented to the foreign jurisdiction through contractual terms and had failed to establish any applicable defences.
The foreign judgment, including the injunctive relief and damages award, was therefore recognized and enforced in Ontario.
